I General provisions
- The online store operating at totuart.com is run by ToTuart Marek Duchnowski with its registered office in Gdańsk (80-178) at ul. Kiszewska 10, with the tax identification number NIP: 9570407861 (hereinafter referred to as the ToTuart Gallery).
- The ordering party (also known as the CUSTOMER) may be an adult natural person, legal person or an organizational unit without legal personality, which, after correctly completing the registration procedure on the website, gained access to the services offered by the ToTuart Gallery.
- By placing an order in the ToTuart Gallery online store, the CUSTOMER accepts the sales rules resulting from these Regulations and obliges him to comply with them.
II. Placing orders
- Orders can be placed using the order form on the store's website or by e-mail to the following address: firstname.lastname@example.org.
- ToTuart Gallery is not responsible for providing incorrect data in the order by the Ordering Party.
- ToTuart Gallery informs that the personal data provided by the CUSTOMER is collected on a voluntary basis, will be used to fulfill the order and will not be made available to anyone, except in cases of compulsory provision of information specified in the provisions of the Acts and when the Ordering Party agrees. Pursuant to the Act of August 29, 1997 on the Protection of Personal Data (consolidated text: Journal of Laws of 2015, items 2135, 2281, as amended), the Ordering Party has the right to access their data and the right to correct them.
- The submission of the offer by the CUSTOMER is each time confirmed by the ToTuart Gallery within 48 hours of receiving the information about the offer by the Ordering Party. This confirmation does not constitute a declaration of will by ToTuart Gallery regarding the acceptance of the Ordering Party's offer and is for information purposes only.
- The prices of inkography and delivery services available on the ToTuart gallery website totuart.com are given in PLN and are gross prices (including VAT). The prices of other works of art include VAT in accordance with the VAT MARGIN procedure for works of art and are given in PLN.
- The given prices do not constitute an offer within the meaning of civil law.
- At the CUSTOMER's request, submitted prior to the shipment of the order, a VAT invoice or a VAT MARGIN invoice for works of art is issued for each order. For this purpose, all data necessary to issue an invoice must be provided in the order form. Any errors in the data contained in the VAT invoice should be reported within 7 days from the date of receipt of the invoice, otherwise the complaint will not be considered.
- The ordering party may make the payment by choosing one of the following forms:
a) online payments "Przelewy24" - The entity providing online payment services is PayPro SA Payments can be made by e-transfer or by payment card: VISA, VISA Electron, MasterCard, MasterCard Electronic, Maestro.
With the emphasis that Galeria ToTuart shall not be liable in the event that the Ordering Party uses the payment card of an entity that has not consented to the use of its card. If there is a need to return funds for a transaction made by the Ordering Party with a payment card, ToTuart Gallery will refund to the bank account assigned to the Ordering Party's payment card.
b) traditional bank transfer to the account
ToTuart Marek Duchnowski
ul. Kiszewska 10
Bank PKO BP
67 1020 1042 0000 8302 0426 1798
The payment is effective when the ToTuart Gallery's bank account is credited. If you choose a traditional bank transfer to your account, the Ordering Party should notify the ToTuart Gallery staff of this fact by calling +48 690 869 200 or by e-mail: email@example.com, in order to shorten the shipment process.
c) in cash or by credit card upon personal collection at the ToTuart Shopping Center at Centrum Praskie Koneser, Plac Konesera 3, Butelkownia, 03-736 Warsaw.
IV. Implementation of the order
- The order will be processed provided that the selected item is available in the store's warehouse.
- The store reserves the right to refuse to process an order at any stage of its implementation in exceptional cases, e.g. due to important economic or logistical reasons. This applies in particular to the case where, as a result of a mistake or technical defect, there would be an obvious and gross inconsistency of the price or data of the presented object with reality. The CUSTOMER is always informed about this in advance by the store staff.
- The ordered goods are delivered to the place indicated by the CUSTOMER at his expense. The conditions and the possibility of shipping abroad are agreed individually with the CUSTOMER.
- The delivery of objects may be carried out by courier, traditional mail, through Paczkomaty or in the form of a personal collection by the Ordering Party. The cost of delivery depends on the value of the order and ranges from PLN 39 to PLN 400.
- The order fulfillment time is on average 4 days, and up to a maximum of 14 business days, and is calculated as:
a) from the moment the ToTuart Gallery confirms the purchase offer - if you choose the form of payment in cash or with a payment card upon delivery,
b) from the date of crediting the bank account or the settlement account of the ToTuart Gallery - if the Ordering Party selects the payment method by traditional bank transfer, online transfer or payment by credit card.
6. If it is not possible to complete the delivery within the time limits specified above, ToTuart Gallery will contact the CUSTOMER immediately, informing about the expected date of order fulfillment.
V Receipt of goods
- When collecting the parcel in the presence of the courier, the CUSTOMER should check the external condition of the packaging and the condition of the objects contained in the parcel.
- In the event of any damage to the object at the time of its receipt, the CUSTOMER is obliged to take the following actions:
a) preparation of a written report of damage to the parcel in the presence of the courier or otherwise accepted at the courier,
b) submitting a complaint to the courier, in accordance with the general conditions of carriage applicable to the carrier, in particular in the appropriate form and time,
c) inform the ToTuart Gallery about the circumstances by phone or in electronic form.
3. If the CUSTOMER accepts the shipment without reservations or the CUSTOMER fails to take the actions described in sec. 2 lit. ac, ToTuart Gallery does not bear any responsibility for damage to the delivered objects existing at the time of their release.
4. If the CUSTOMER fails to collect the parcel from the courier, which was then returned by the courier to the ToTuart Gallery, ToTuart Gallery is not responsible for damage or loss of the parcel, unless it is a consequence of circumstances for which it is solely responsible. In such a situation or in the event of damage or loss of the returned shipment, the Ordering Party is obliged to pay to Galeria ToTuart a contractual penalty in the amount of 70% of the cost of the order within 7 days from the end of the last day on which the Ordering Party could collect the objects from the carrier or from 14 days from the moment of sending the returned parcel.
5. If the CUSTOMER chooses the option of personal pickup and fails to collect the purchased objects within 14 days, ToTuart Gallery reserves the right to ship the paid-for objects at the client's expense.
VI Withdrawal from the contract by the consumer
- The CUSTOMER (Ordering Party) has the right to withdraw from the contract within 14 days from the date of receipt of the shipment, without giving any reason, by sending a written statement to Galeria ToTuart by e-mail to the following address: firstname.lastname@example.org or to the postal address: Galeria ToTuart, Centrum Praskie Koneser, Konesera Square 3, Butelkownia, 03-736 Warsaw
- In the above case, the Ordering Party should immediately contact Galeria ToTuart by phone (+48 690 869 200) in order to determine the detailed conditions of returning the goods.
- If there is a need to return funds for a transaction made by the Ordering Party with a payment card, ToTuart Gallery will refund to the bank account assigned to the Ordering Party's payment card.
- ToTuart Gallery will reimburse the Ordering Party for the amounts paid for the ordered goods within 14 days of the return acceptance of the parcel by the ToTuart Gallery, provided that none of them show signs of use or damage.
- Differences in the appearance of the objects delivered with the ordered ones, viewed on the store's website, which may result from other settings (parameters) of the CUSTOMER's monitor, do not constitute the basis for the complaint.
- The seller is liable under the warranty if a physical defect of the goods is found before the expiry of two years from the delivery of the goods to the buyer.
- The CUSTOMER, in order to exercise the rights resulting from the liability of ToTuart Gallery for non-compliance of the content of the shipment with the contract, should submit an appropriate notification to ToTuart Gallery within 14 days of filing the complaint and contact the ToTuart Gallery to determine the details of the complaint procedure.
- The store will immediately, but not later than within 14 days from the date of receipt of the shipment with the complained goods, take a position on the complaint and inform the customer about further proceedings. The shop will immediately notify the claimant about the result of considering the complaint in writing or via e-mail to the e-mail address provided in the complaint. If the consumer or entrepreneur with the consumer's rights does not receive the shop's position regarding the complaint, it is assumed that the shop has accepted the complaint.
- The notification about the non-compliance of the content of the shipment with the contract should include: order number, name of the object / title of work, circumstances justifying the complaint, including a description of any non-compliance (defects), specification of the moment when the non-compliance of the work with the contract is revealed and consent to the processing of the CUSTOMER's personal data for the purposes of the procedure complaint.
- Complaints regarding the liability of ToTuart Gallery for non-compliance of the consumer goods with the contract should be reported to the e-mail address email@example.com, in writing to the following address: Galeria ToTuart, Centrum Praskie Koneser, Plac Konesera 3, Butelkownia, 03-736 Warsaw or in person at the above-mentioned premises.
- The costs incurred by the Ordering Party in connection with the processing of the complaint, Galeria ToTuart shall be borne only when it is confirmed that the reported non-compliance of the completed order with the contract actually exists.
VIII. Final provisions
- Any disputes arising in connection with the execution of orders between the ToTuart online store and the Ordering Party will be settled first by negotiation, with the intention of amicable settlement of the dispute. However, if this would not be possible or would be unsatisfactory for either party, any disputes will be resolved by the common court in Warsaw.
- The descriptions of the objects and their photos come from the database owned by ToTuart Gallery.
- Except for situations permitted by law or resulting from obtaining permission due to copyright, any duplication of objects presented in the store is strictly prohibited.